Patna High CourtCR. MISC./59197/2018allowed

Raju Kumar v. The State Of Bihar

2018-09-26Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59197 of 2018 ======================================================

1. Raju Kumar S/o Uma Shankar Prasad, R/o Vill.- Saguna Danapur, P.S.- Danapur, Distt.- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amresh Kumar Sinha For the Opposite Party/s : Mr. Sri Shantanu Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 26-09-2018 Heard learned counsel for the petitioner.

It is pointed out that Annexure-1 which is order dated 27.04.2018 was wrongly annexed which was pointed out in the defect and since cancelled. However, the correct order for which modification application has been filed is order passed in Cr. Misc. No. 32167 of 2018 dated 26.07.2018.

Let the order of Cr. Misc. No. 19097 of 2018 dated 27.04.2018 be treated as cancelled.

Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The present modification application has been preferred for the reasons that the name of the father of the petitioner has been wrongly recorded in the order as Raju Kumar son of "Uma Shankar Prasad".

Patna High Court Cr.Misc. No.59197 of 2018 (2) dt.26-09-2018 2/2 It is submitted that Uma Shankar Prasad, father of the petitioner, died on 03.07.2012 at P.M.C.H., Patna, which is recorded in the Death Certificate annexed to the present modification application.

As such, the modification application is allowed. Let the name of the father of the petitioner in order dated 26.07.2018 be read as "Late Uma Shankar Prasad" instead of "Uma Shankar Prasad".

The order dated 26.07.2018 stands modified to the said extent.

In view of the fact that the father has since died, any of the blood relatives be one of the bailors as indicated in Condition No. 1 of the order dated 26.07.2018. The case stands disposed of.

(Anjana Mishra, J) Saif/- U T